Lake Park/FP-CS 931029LAWRENCE W. JACKSON
TIM KIRK
ROBERT L. DILLARDItl
ROBERT E. HAGER
PETER G, SMITH
JOHN P~ERCE GRIFFIN
DAVID M, BERMAN
BRUCE A, STOCKARD
NICHOLS, JACKSON, KIRK & DILLARD, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
October 29, 1993
JOHN F. ROEHM Ill
CHRISTINA A. MELTON
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
OF COUNSEL
Ms. Taryon Bowman
Planning & Zoning Coordinator
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: Replat of part of Lake Park Addition Without Vacating Preceding Plat
Dear Taryon:
You have provided us with a plat of the Lake Park Addition showing the area along the
creek and adjacent to the rear of the lots. You state that the applicant wishes to replat so this
adjacent area will become a part of the lots. However, you have also indicated that the applicant
wishes to exclude Lots 15, 18 and 23 from the replatting process.
It is our opinion that the applicant can accomplish this within the statutory provisions
subject to the following:
l.
WHO MUST SIGN THE REPLAT? The replat must be signed and
acknowledged by only the owners of the property being replatted. The applicant
would not have to obtain the signatures and acknowledgment from the owners of
Lots 15, 18 and 23 since they are being excluded from the replat being offered for
approval. The replat of this part of the subdivision will be controlling over the
preceding plat but the preceding plat will not be vacated.
REPLAT APPROVAL: The replat must be approved by the Planning and
Zoning Commission and then by the City Council, after a public heatings on the
matter at which parties in interest and citizens have an opportunity to be heard.
SPECIAL CONDITION: The replat must not attempt to amend or remove any
covenants or restrictions contained in the preceding plat.
RESIDENTIAL AREA: Since the area is residential the notice of the hearings
must be given before the 15th day before the date of the hearing by publication
AGG04BD1
Ms. Taryon Bowman
October 29, 1993
Page 2
in the official newspaper and by written notice to the owners of lots that are in
the original subdivision and that are within two hundred feet of the lots to be
replatted, as indicated on the most recently approved municipal tax roll. The
written notice is to be delivered by mail.
SPECIAL NOTICE REQUIREMENT: The latest amendment to the statute
involving "replatting without vacating the preceding plat" requires that a copy of
Subsection C of Section 212.015 of the Local Government Code be attached to
the written notice mentioned paragraph 4 above. A copy of Subsection C is
attached hereto as Exhibit "A".
If you have any questions concerning this matter please do not hesitate to contact me.
LWJ~nts
Very truly yours,
NICHOLS, JACKSON, KIRK &
DILLARD, L.L.P.
BY:v
Ldwrence W. Jac~on
AGG04BD1
(c) If the proposed replat is protested in accordance with this subsection, the proPOsed
replat must receive, in order to be approved, the affirmative vote of at least three-fourths-
of all members of the municipal planning commission or governing body, or both. For a
legal protest, written instruments signed by the owners of at least 20 percent of the area
of the lots 'or land immediately adjoining the area covered by the proPOsed replat and
extending 200 feet from that area, but within the original subdivision, must be filed' with
the municipal planning commission or governing body, or both, prior to the close of the
pu_bl_ic, hearing. .
|IBIT
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LAKE PARK ADDI'I'ION